THE family of late locked–in syndrome sufferer Tony Nicklinson and paralysed crash victim Paul Lamb yesterday vowed to continue their right–todie battle despite a defeat at the Court of Appeal.

After three judges in London rejected their challenges to a ban on voluntary euthanasia, Mr Nicklinson's widow Jane said in a statement: "As a family, we are hugely disappointed with the judgment but it will not stop us.

"We will carry on with the case for as long as we can so that others who find themselves in a position similar to Tony don't have to suffer as he did."

Father–of–two Mr Nicklinson, 58, died last August, a week after he lost a High Court bid to end his life with a doctor's help.

Mr Nicklinson, who was paralysed by a stroke in 2005, had refused food and contracted pneumonia.

Mr Lamb, 57, a former builder paralysed since 1990, had won the right to join litigation started by Mr Nicklinson.

The father–of–two, from Leeds, who wants a doctor to help him die in a dignified way, said he was "absolutely gutted" by yesterday's decision. He added: "I was hoping for a humane and dignified end.

"This judgment does not give me that. I will carry on the legal fight – this is not just about me but about many, many other people being denied the right to die a humane and dignified death just because the law is too scared to grapple with these issues."

He and Mrs Nicklinson may now go to the Supreme Court.

The Lord Chief Justice, Lord Judge, sitting with Master of the Rolls Lord Dyson and Lord Justice Elias, ruled that the law "relating to assisting suicide cannot be changed by judicial decision... not because we are abdicating our responsibility, but precisely because we are fulfilling our proper constitutional role".

However, in a majority ruling, the court allowed an appeal by a locked–in syndrome sufferer known as "Martin", who had sought clarification of Director of Public Prosecutions guidance over health professionals in assisted suicide.

Lawyers for Martin, 48, said DPP guidance makes clear that friends or family members would be unlikely to be prosecuted if they helped him to end his life. But in Martin's case none are willing to assist. He needs a professional – a doctor, nurse or other carer – to take him to the Dignitas suicide clinic in Switzerland.

But the DPP policy does not make clear whether such people are likely to be prosecuted.

Using computer software to speak, Martin said: "I am delighted by the judgment today. It takes me one step closer to being able to decide how and when I end my life." Director of Public Prosecutions Keir Starmer QC said: "I think it would be sensible for the CPS, if possible, to have the benefit of the views of the Supreme Court before any amendments are made to the DPP's guidelines."

During the appeal in May, the judges heard that people who are too sick or disabled to end "unbearable" lives without help are being condemned to "suffer in silence or make desperate attempts to kill themselves".

Saimo Chahal, solicitor for Mrs Nicklinson and Mr Lamb, said: "It is disappointing for my clients. It is wrong that people should be condemned to a lifetime of misery when they want to die."

In Scotland, the Independent Lothians MSP Margo MacDonald has tabled another Bill to legalise doctor–assisted dying after losing her first bid in 2010, claiming Parliament had undergone a "change of mood" following Mr Nicklinson's death last summer